MATTER OF SHARON TOWERS, INC. v. BANK LEUMI TRUST CO. OF NEW YORK


250 A.D.2d 509 (1998)

673 N.Y.S.2d 138

In the Matter of Sharon Towers, Inc., Appellant, v. Bank Leumi Trust Company of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 26, 1998


This appeal concerns the proper venue of petitioner-appellant's proceeding, pursuant to CPLR 5239, to determine adverse claims to funds held by respondent bank.

Respondent Burstin Investors, Inc. (Burstin) was the limited partner and Nachum Kalka (Kalka) was the general partner in a real estate limited partnership that owned two buildings in Poughkeepsie. Burstin sued Kalka in Dutchess County Supreme Court for fraudulent and criminal conduct in connection with this...

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